Skip to main content

Statute of Limitations on Credit Card Debt when moving to a different state

Schererville, IN |

The Statute of limitations for unpaid credit card debts varies from state to state. Where I live in Indiana it is 6 years, but there are several states where it is as little as 3 years. If I have an unpaid credit card account that is exactly 4 years old, and I move to a state that has a 3 year statute of limitations for bringing credit card debt lawsuits, does that mean I can't be sued in that new state as long as I continue living there? Thanks in advance for answering this.

Attorney Answers 3

Posted

In my opinion, the credit care company would sue you in Indiana because that is where the debt was incurred.

Disclaimer of California Attorney
Although the above response is believed to be accurate, it should not be relied upon as any type of legal advice because the information provided is incomplete. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. No attorney client relation is formed with me without a written contract.

Good Luck starts with a strategy and a plan.

Robert J. Suhajda, MS,CPA
Attorney-At-Law
17721 Norwalk Blvd. #43
Artesia, CA 90701
562-924-8922

Tax Relief Lawyer. Former financial auditor and controller. Admitted to US Tax Court, Income Tax, IRS representation, Fiduciary income tax returns, Estate and Gift tax returns, Homeowner Association Strategist.

Mark as helpful

Posted

The Fair Debt Collections Practices Act requires the credit card company to sue you in the county where you currently reside, regardless of where you used the credit card or where the debt was originally incurred. As such, in your hypothetical, the lawsuit, if any, should be filed in the new state if it was not filed in Indiana before you permanently relocated.

In my opinion, the credit care company would sue you in Indiana because that is where the debt was incurred.

Disclaimer of California Attorney
Although the above response is believed to be accurate, it should not be relied upon as any type of legal advice because the information provided is incomplete. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. No attorney client relation is formed with me without a written contract.

Joshua P. Friedman
jfriedman@jpfassociates.com
www.losangelescollector.com

Mark as helpful

Posted

The credit card contract should also be checked for a "Forum Selection Clause." before concluding where you can be sued.

Disclaimer of California Attorney
Although the above response is believed to be accurate, it should not be relied upon as any type of legal advice because the information provided is incomplete. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. No attorney client relation is formed with me without a written contract.

Good Luck starts with a strategy and a plan.

Robert J. Suhajda, MS,CPA
Attorney-At-Law
17721 Norwalk Blvd. #43
Artesia, CA 90701
562-924-8922

Tax Relief Lawyer. Former financial auditor and controller. Admitted to US Tax Court, Income Tax, IRS representation, Fiduciary income tax returns, Estate and Gift tax returns, Homeowner Association Strategist.

Mark as helpful

Wills and estates topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics